55
coordinated inside and outside the country.”49 It has even been said that this
“international military and political criminal organization” was directed “against the
constitutional order of each member State, because it coordinated actions tending to
suppress and/or maintain the suppression – on the territory of each of them – of the
representative institutions; and, to this end, it had allowed them to provide
reciprocal support to each other for the continuity of the usurping regimes […]
maintained by the power exercised by the senior military, civilian and police
authorities of the member countries.”50
66.
The Court considers that the preparation and execution of the detention and
subsequent torture and disappearance of the victims could not have been
perpetrated without the superior orders of the chiefs of police and intelligence and
the Head of State himself at the time, or without the collaboration, acquiescence and
tolerance revealed by direct actions carried out in a coordinated and interrelated
manner by members of the police forces, intelligence services and even diplomatic
services of the States concerned. State agents not only failed abysmally to fulfill
their obligations to respect and protect the rights of the alleged victims, embodied in
Article 1(1) of the American Convention, but used their official position and resources
granted by the State to commit the violations. The institutions, mechanisms and
powers of a State should function as a guarantee of protection against the criminal
activities of its agents. However, it has been verified that the State’s power was
orchestrated as a means and resource to violate rights that should have been
respected and safeguarded, and actions were implemented using the inter-State
collaboration described above. In other words, the State became the principal factor
in the grave crimes committed, constituting a clear situation of “State terrorism.”
67.
In Paraguay, this situation has been recognized by the convergence of
decisions adopted by the three branches of the State: the Executive, by
acknowledging the State’s international responsibility in this international jurisdiction
and, previously, its Legislature and Judiciary.
68.
Thus, on September 12, 1996, the State Legislature promulgated Act No.
838/96 to compensate victims of the human rights violations arising from political or
ideological issues that occurred during the dictatorship.51 Likewise, on October 6,
2003, the State adopted Act No. 2225, “establishing the Truth and Justice
Commission” “to investigate facts that constitute or could constitute human rights
violations committed by State or para-State agents between May 1954 and until the
promulgation of the Act and to recommend the adoption of measures to avoid their
49
Cf. Central Trial Court No. 5, National Court of Spain, trial of Miguel Angel Cavallo. Preliminary
proceedings 19/97. Crime of terrorism and genocide, September 1, 2000, Madrid, pp. 17, 18 and 146.
50
Cf. Arrest warrant for the extradition of the former President of Bolivia Hugo Banzer, Secretariat
No. 14, headed by Dr. Oscar Isidro Aguirre attached to the National Court for Federal Criminal and
Correctional Affairs No. 7, Argentina, December 26, 2001, Case No. 13.445/1999, “Videla Jorge Rafael et
al. Illegal Deprivation of Personal Liberty,” considerations paragraphs 11 and 10, point 10, subparagraph
(h) of para. 3.
51
Article 2 of Act No. 838 establishes that: “the human rights violations arising from political or
ideological questions, that shall be compensated by this Act are as follows: (a) forced disappearance of
persons; (b) summary or extrajudicial execution; (c) torture with serious and manifest physical and
mental aftereffects; and (d) illegitimate deprivation of liberty without an order from a competent authority
or owing to a trial or conviction under Acts No. 294 of October 17, 1955, and No. 209 of September 18,
1970, for more than one year”.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos